Commencing September 1, 1979, any person who, by himself or by his agent or as agent of another person, shall use in buying or selling grain any grain moisture measuring device which has not been tested and approved for use by the supervisor of the grain warehouse department of the Public Service Commission or his or her inspectors shall be guilty of a Class IIIA misdemeanor, except that the use of a newly purchased grain moisture measuring device in the buying or selling of grain prior to regular inspection and approval shall not be considered a misdemeanor if the user of such device has given notice to the supervisor of the grain warehouse department of the Public Service Commission of the purchase and intended use of such new device. Such notice shall be given by either certified or registered mail not later than ten days prior to the date of such intended use.